Donald Trump's lawyers were in court Tuesday in Manhattan to argue that proceedings in the latest E. Jean Carroll defamation case must be delayed so they can work on an immunity defense.
Law Professor Jen Taub posted the filing before the Second Circuit, saying, "Defendant/Appellant respectfully requests a stay of the underlying proceeding pending resolution of the consolidated appeals, and, in particular, the viability of his presidential immunity defense."
The Justice Department decided in July that Trump's attack on Carroll didn't fall under presidential immunity.
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"The Department of Justice is declining to certify … that defendant Donald J. Trump was acting within the scope of his office and employment as President of the United States when he made the statements that form the basis of the defamation claims in plaintiff’s Amended Complaint in this action,” Principal Deputy Assistant Attorney General Brian Boynton said in a release.
Carroll has already won one of her lawsuits, which was the second libel claim she made. The jury, in that case, agreed to the underlying premise that Trump "sexually abused" Carroll and he was also found to have defamed her by denying it. The first case she brought still hasn't been decided, but the judge has already ruled that the abuse occurred, thus making the questions of the first lawsuit moot, the judge said last week.
It's unclear so far what Judge Lewis Kaplan has decided about the motion to delay. However, he has shown that he is "out of patience" with Trump's "gamesmanship" in the case.
See the screen captures of the filing below.
